TERMS AND CONDITIONS
1.1 This Agreement is between Planet 9 LogisticsPty. Ltd. trading as Moderncar Car and TruckRentals (ABN 28 163 250 904) it successors and assignees, (referred to as “we”, “us” or“our”), and the Client described in the Proposal (referred to as “you” orn“your”), and collectively the Parties.
1.2 You have requested the services set out in the attached Proposal (Services). You agree and accept that the Proposal and these Terms and
Conditions (Terms) form the agreement under which we will supply Services to you. Please read the Terms carefully. Please contact us if you have
1.3 You accept our Proposal and Terms by: (a) signing and returning the Proposal; (b) confirming by email that you accept the Proposal;
(c) instructing us to proceed with the Services; or (d) paying any Deposit set out in the Proposal,or making part or full payment for the Services, by the methods set out in our Proposal or our tax invoice to you (Invoice).
1.4 We will not commence performing our Services until you have paid the Deposit.
2.1 We agree to perform the Services set out in the Proposal with due care and skill.
2.2 The estimated period for us to perform the Services is set out in our Proposal.
2.3 You must provide us with your full driver’s license and debit or credit card (both in the same name) before we can provide you with the Services.
2.4 Prior to performing the Services, we will both undertake an inspection of the Vehicle and complete and sign a condition report, setting out any damage to the Vehicle (Condition Report).
2.5 We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
2.6 Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be your responsibility. We are not
responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.
2.7 Our Services cover the scope in the Proposal. If you request additional services, including but not limited to changes in scope, variations or
additional rounds of comments (Variation), we have discretion as to whether we perform this work and whether an adjustment to the Charges may be required in respect of the same, or if we are unable to accommodate for such Variation, we may request that we be paid for Services performed to date and terminatethis Agreement.
2.8 If we agree to perform any Variation, then we will inform you of the additional costing (Variation Fee). You need to approve, in writing, the Variation and Variation Fee, before we commence work. We will invoice you accordingly for the Variation upon receipt of your approval.
3. PRICE, INVOICING AND PAYMENT
3.1 You agree to pay us any Charges, any Other Expenses and any Insurance Costs, for the Services that you have requested, as set out in the Proposal (Rental Charges). All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable).
3.2 Each Rental Charge calculated and invoiced to you at the time of the return of the Vehicle is subject to subsequent verification by us. If a Rental Charge is to be adjusted, we will provide details to you if we have your contact details.
3.3 The minimum amount you must pay for the rental of the Vehicle is an amount equal to one day’s rental at the ‘daily rate’ shown on the Proposal plus the amount payable for the number of kilometres driven during the Rental Period at the ‘per kilometre’ rate shown on the Proposal.
3.4 Distance charges are measured from the Vehicle’s odometer.
3.5 We will pay, within a reasonable time, any refund due to you by such method as we may choose.
3.6 You agree to pay our Invoices within the Invoice Terms. If an Invoice is unpaid for more than 2 days then, after written notice to you and provided we do not know the location of the Vehicle, we may report the Vehicle stolen to the police.
3.7 We may charge interest at the rate of % per month on any amounts unpaid after the expiry of 2 days after the payment date.
3.8 If Invoices are unpaid for 2 days after the payment date, we have the right to engage debt collection services for the collection of unpaid andundisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.9 Our pricing structure, payment methods and these Terms may be amended from time to time in our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
4. OUR OBLIGATIONS AND WARRANTIES
4.1 We warrant that throughout the Term:
(a) we will provide you with only current model vehicles; and
(b) our vehicles are serviced and maintained in accordance with manufacturers’ recommendations.
5. YOUR OBLIGATIONS AND WARRANTIES
5.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.
5.2 You warrant that throughout the term of this Agreement that:
(a) there are no legal restrictions preventing you from agreeing the Terms;
(b) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns;
(f) only an Authorised Driver will drive the Vehicle;
(g) you will inform us if you are planning to take the Vehicle interstate;
(h) that no one will smoke inside the Vehicle;
(i) all Authorised Drivers are over 21 years of age;
(j) all Authorised Drivers hold a current drivers licence (not being a learner’s licence or provisional license) to drive the Vehicle and have been licenced to drive vehicles of the same category as the Vehicle for at least 12 consecutive months. The drivers licence must be in the English
language or, if in a different language, you must provide a translation of the same;
(k) you are responsible for all acts and omissions of an Authorised Driver or any other person you allow to drive the Vehicle and neither you nor any unauthorised driver will have the benefit of the Loss Damage Waiver option or Excess Reduction option (if applicable) if you allow an unauthorised driver to drive the Vehicle.
(l) you possess a valid credit card; and
(m) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(n) you will not sell, dispose of or sub-lease the Vehicle.
6. WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE
6.1 You and any Authorised Driver must only use the Vehicle on a road which is properly formed and constructed as a sealed, metalled or gravel road (unless the Vehicle is a 4 wheel drive Vehicle).
6.2 You and any Authorised Driver must not use the Vehicle off road (e.g. on a fire trail, grassed area, beach, track or to cross streams or any other body of water) without prior written authorisation from us.
6.3 You and any Authorised Driver must not, without prior written authorisation from us, drive or take the Vehicle:
(a) [to Gove Peninsula or any island off the coast of Australia (including, without limitation, to Kagaroo Island, Bruny Island, Fraser Island, Magnetic island or the Tiwi Islands);
(b) into or out of Tasmania;
(c) in the snow (at any time and anywhere (including in Tasmania));
(d) above the snow line in New South Wales (being Jindabyne) or Victoria (being Bright) from the beginning of June until the end of September;
(e) on beaches or through streams, dams, rivers or flood waters;
(f) in Queensland: 1. on Highway No.
27: beyond Chillagoe in a Westerly direction;
2. on Highway No.1: beyond Normanton in a Southerly direction and no further North than Karumba;
3. if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the North or Lakeland to the West and no further North than Cape Tribulation on the Coast Road; or
4. on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland, unless the Vehicle is a 4 wheel drive;
(g) in Western Australia:
1. to any parts north of Carnarvon;
2. on the Gibb River Road, Cape Leveque Road, Widdjana Gorge, Canning Stock Route, Gunbarrel Highway and Holland Track;
3. beyond 100 kilometres of the Perth city limits between dusk and dawn;
4. otherwise, outside any towns or city limits between dusk and dawn;
(h) in the Northern Territory:
1. on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls;
2. outside any town or city limits between dusk and dawn.
7. USE OF THE VEHICLE
7.1 You and any Authorised Driver must:
(a) not use, or allow the Vehicle to be used, for any illegal purpose, race, contest or performance test of any kind;
(b) not, without our prior written consent, use, or allow the Vehicle to be used, to push anything;
(c) not carry, or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle;
(d) not be under the influence of alcohol, drugs or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven;
(e) not, without our prior written consent, use or allow the Vehicle to be used to carry passengers for payment of any kind;
(f) not use the Vehicle when it is damaged or unsafe;
(g) not drive the Vehicle after an Accident or hitting an object (including an animal) until you have obtained our approval to do so;
(h) not use the Vehicle to transport goods, except in compliance with all necessary approvals, permits, licences and government requirements (to be obtained at your cost) and in accordance with the Manufacturer’s Specifications and our recommendations;
(i) not, without our prior written consent, use the Vehicle to carry any inflammable substance which has a flash point under 22.8°C or any other explosive or corrosive substances;
(j) not use the Vehicle for the conveyance or towing of any load unless you have our prior written consent; the load is correctly loaded and secured and not in excess of that for which the Vehicle was manufactured; for towing, the Vehicle is fitted with a tow bar; and the conveyance or towing is undertaken in accordance with the Manufacturer’s Specifications and our recommendations; and
(k) not use the Vehicle in contravention of any law.
7.2 You must pay for any unauthorised repairs to the Vehicle, the Roadside Assistance Fee (unless you have purchased Roadside Assistance Cover) and all parking, speeding and traffic infringements and tolls in respect of the Vehicle during the Rental Period.
8. MAINTENANCE, SECURITY AND SAFETY
8.1 You and any Authorised Driver must:
(a) maintain all of the Vehicle’s engine oils and engine coolant levels to the Manufacturer’s Specifications;
(b) fill the Vehicle with only the fuel type specified in the Manufacturer’s Specifications;
(c) keep the Vehicle locked and the keys under your or the Authorised Driver’s personal control at all times; and
(d) comply with all applicable seat belt and child restraint laws.
8.2 We will provide a twenty-four (24) hour roadside assistance for all inherent mechanical faults (as determined by us or our authorised repairer) at no additional cost provided that the fault does not arise as a result of any unauthorised use of the Vehicle in breach of clauses 6 or 7.1.
8.3 For each roadside assistance callout (for refuelling, a ‘jump start’, a tyre related incident, lost keys, keys locked in Vehicle, or a flat battery due to lights or other electrical equipment being left on), you will be charged the Roadside Assistance Fee, unless you have purchased Roadside Assistance Cover.
8.4 Roadside Assistance Cover does not apply if the Vehicle has been used in breach of clauses 6 or 7.1 or in respect of any additional amount(s) payable under clause 11.3.
8.5 You must not have repairs to the Vehicle carried out unless we authorise you to do so. We require verification of the cost of repairs for reimbursement and GST purposes. You should obtain an original tax invoice/receipt to assist us. We will reimburse you for any repairs to the Vehicle authorised by us, provided that the cost of those repairs is verified. To the extent that we cannot verify the cost of repairs, we will not reimburse you.
8.6 If the Vehicle is lost or stolen you must return to us all keys and remote access devices still in your possession. If these are not returned, you will be charged for the cost of replacing them.
9. RETURN OF VEHICLE
9.1 You must return the Vehicle to us:
(a) at the Return Location, on the date and by the time shown on the Proposal unless you have informed us of a change prior to the return date and we have agreed to the change; and
(b) in the same condition as it was at the commencement of the Rental Period and as set out in the Condition Report, fair wear and tear excepted.
9.2 If you tell us that you wish to return the Vehicle to a location other than the Return Location, we will advise you of the amount of the ‘one-way fee’ that you will incur. If you do not tell us in advance, you must pay a one-way fee of up to $ per kilometre (depending on the type of Vehicle and the distance travelled) to be determined and paid at the end of the Rental Period. You will also be liable for any Rental Charges calculated under clause 9.4.
9.3 Despite clauses 9.1 and 9.2 you must return the Vehicle to one of our locations during normal business hours.
9.4 If you return the Vehicle on a date or at a time or to a place other than as set out in the Proposal, the Charges shown on the Proposal will not apply to you and you must pay us the standard rate for the Vehicle for the Rental Period.
9.5 We may request the immediate return of the Vehicle or we may recover the Vehicle without notice if:
(a) the credit limit on your method of payment would be exceeded by the debiting of the Rental Charges for a requested extension of the rental of the Vehicle or if a ‘one-way fee’ becomes payable by you;
(b) the Rental Period expires without satisfactory arrangements having been made between us; or
(c) we reasonably suspect (i) that the Vehicle may have been used for an unlawful purpose; (ii) damage to the Vehicle, or injury to any persons or property, is likely to occur; or (iii) the Vehicle will be involved in an industrial dispute.
9.6 If you do not return the Vehicle on the date and by the time shown on the Proposal (or any extended time or date agreed with us):
(a) after written notice to you and if the location of the Vehicle is unknown, we may report the Vehicle as stolen to the police; and
(b) You must pay us all Rental Charges (including additional Rental Charges) and compensate us in accordance with clause 11 for any loss we suffer (including any additional costs we incur in recovering the Vehicle) up to the time that the Vehicle is recovered by us.
9.7 If the Vehicle is unclean upon return, a cleaning fee of $160 will apply and if it is evident there was smoking in the Vehicle during the Rental Period a $260 cleaning fee will apply.
10.1 You must fill the Vehicle only with the fuel type specified in the Manufacturer’s Specifications.
10.2 If you return the Vehicle with less fuel than it had when you rented it, you must pay the Fuel Service amount per litre as set out in the Proposal.
10.3 The fuel level of the Vehicle at the time you rent it and at the time you return it to us is determined by visual inspection by us of the Vehicle’s fuel gauge.
11. LOSS AND DAMAGE
11.1 You are liable:
(a) for the loss of, and all the damage to, the Vehicle; and
(b) for all damage to the property of any person which is caused or contributed to by you or any other person you allow to drive the Vehicle or which arises from the use of the Vehicle by you or any other person you allow to drive the Vehicle.
11.2 Subject to clauses 11.3 and 11.4, we waive your liability under clause 11.1 for damage to or loss of the Vehicle and will ensure that you and any Authorised Driver are entitled to be indemnified under the Insurance Policy if:
(a) you accept and pay for the Loss Damage Waiver option in the Proposal (or if it is included in your rate); and
(b) you pay the Excess Amount for each separate event involving (i) damage (including hail damage) to, or loss of, the Vehicle or (ii) damage to the property of any third party which is caused by the use of the Vehicle by you or an Authorised Driver.
11.3 You must always pay us the following costs and fees:
(a) the cost of repairing any:
1. Overhead Damage or Underbody Damage;
2. water damage to the Vehicle;
3. damage to the Vehicle or to the property of any third party caused by a breach of clauses 6, 7.1 or 8;
4. damage to a tyre or an Accessory not attributable to normal wear and tear; and
5. damage to the Vehicle or to the property of any third party caused deliberately or recklessly by you, any other driver of the Vehicle or any passenger carried during the Rental Period;
(b) the cost of replacing, if lost or stolen, an Accessory; and
(c) if you have breached this Agreement, a per day loss of revenue fee based on the actual and estimated downtime of the Vehicle.
(a) If clause 11.1, 11.2 or 11.3 applies, you must pay us the Excess Amount at the time of loss of, or damage to, the Vehicle pending our assessment of the loss or damage and, if applicable, the repair of the Vehicle, subject to your right to a refund under clause 11.5(b). For the purposes of calculating a refund we will add the Recovery Costs to the amount of the costs of damage and repair to the Vehicle.
(b) If clause 11.3 applies, and if the total of the Recovery Costs and the costs and fees that you must pay under that clause is greater than the Excess Amount, you must pay us the difference.
(a) Where you are required to pay us under this clause, the amount you must pay for any loss, damage, repair, cost or fee:
1. may be reasonably determined by us;
2. in relation to damage to the Vehicle is the lesser of the cost of repairs to the Vehicle or the market value of the Vehicle at the time of the damage.
(b) If the amount determined by us and paid by you under this clause exceeds the final cost of the loss, damage or repair, we will refund you the difference.
(c) We will provide you with details of the final cost of the loss, damage or repair on request by you.
12. PROPERTY IN VEHICLE
Neither we nor any of our employees acting in the course of their employment is liable to any person for any loss of or damage to any property either left in the Vehicle after its return to us or stolen from the Vehicle or otherwise lost during the Rental Period.
13. OUR INTELLECTUAL PROPERTY
13.1 The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which
subsists in all creative and literary works incorporated into our Materials.
13.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property ownership rights in our Materials, except as stated in these Terms or with our written permission.
13.3 Your use of our Materials does not grant you a licence, or act as a right of use, any of the Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
13.4 You must not breach our copyright or Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as onsale to third parties.
14. CONFIDENTIAL INFORMATION
14.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
14.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
14.3 These obligations do not apply to Confidential Information that:
(d) is authorised to be disclosed;
(e) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(f) is received from a third party, except where there has been a breach of confidence; or
(g) must be disclosed by law or by a regulatory authority including under subpoena.
14.4 The obligations under this clause will survive termination of these Terms.
15. ACCIDENTS AND FINES
15.1 You must report any Accident to us as soon as possible after the Accident occurs.
15.2 You must provide all information we reasonably request concerning the Accident within 48 hours of any request.
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15.3 You agree to assist us in respect of any claim or action brought in respect of any Accident, including attending court to give evidence.
15.4 Any papers or other documents received by you concerning the Accident must be promptly given to us. You further agree to take reasonable steps to ensure that any other person who receives any such papers or documents concerning the Accident provides those papers and documents promptly to us.
15.5 You agree to report any traffic or parking infringement which occurs during the Rental Period to us as soon as possible after it occurs.
16. FEEDBACK AND DISPUTE RESOLUTION
16.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.
16.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
16.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
17.1 You may terminate the Terms by 24 hours prior notice in writing including by email. If you fail to give us such notice, you will be charged a $50 cancellation fee.
17.2 Either party may terminate the Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
17.3 We may terminate the Terms immediately, in our sole discretion, if:
(a) we consider that a request for a Service is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) an Authorised Driver engages in reckless driving of the Vehicle;
(e) it is likely that an Authorised Driver may cause damage to the Vehicle or harm to a person or damage to property through their use of the Vehicle;
(f) an Authorised driver commits a parking, speeding or traffic infringement;
(g) for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or
(h) you fail to pay an Invoice within 2 days of the payment date.
17.4 On termination of these Terms you agree that any Deposit or payments made are not refundable to you, and you are to pay all invoices for Services rendered to you.
17.5 If you terminate this Agreement early, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been billed to you.
17.6 On termination of these Terms you agree to promptly return the Vehicle.
17.7 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
17.8 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information, and/or documents containing or relating to your Confidential Information.
17.9 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
17.10 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
18. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
18.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
18.2 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
18.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
18.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
18.5 Warranties: To the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. 18.6 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms;
(b) our Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits,
revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
18.7 Limitation: Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
18.8 This clause will survive termination of these Terms.
19.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and (c) any misuse of the Services from or by you, your employees, contractors or agents. 19.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
19.3 The obligations under this clause will survive termination of these Terms.
20. PERSONAL PROPERTY SECURITIES ACT
20.1 You acknowledge that:
(d) by renting the Vehicle from us, you may be granting a security interest in the Vehicle (and any proceeds) to us;
(e) any security interest arising under this Agreement attaches to the Vehicle when you obtain possession of the Vehicle and not at any other time; and
(f) we may perfect our security interest by lodging a financing statement on the PPSA register.
20.2 We do not need to give you any notice under the PPSA (including a notice of financing
statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
20.3 You must do anything reasonably required by us to enable us to register our security interest, with the priority it requires, and to maintain the registration.
20.4 In this clause the following terms have their respective meanings in the Personal Property Securities Act 2009 (Cth) (PPSA): attaches, financing statement, register, proceeds and security interest.
21.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
21.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
21.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
21.4 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
21.5 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
21.6 Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
21.7 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
21.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
21.9 Notice: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address in the Proposal. Our address is set out in the Proposal. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
21.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
21.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
22.1 Accident means any collision between the Vehicle and any other object, including another vehicle, or any other incident or occurrence that results in the Vehicle being damaged, lost or destroyed.
22.2 Confidential Information includes confidential information about you, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
22.3 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
22.4 Insurance Policy means a policy of liability insurance held by us for any Authorised Driver’s liability to a third party for damage to the property of that third party which is caused by the legal use of the Vehicle by an Authorised Driver.
22.5 Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), agreements, condition reports, circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
22.6 Manufacturer’s Specifications means the specifications of the manufacturer of the Vehicle as set out in the Vehicle’s operations manual located in the glove box of the Vehicle.
22.7 Overhead Damage means damage to the Vehicle or property of any third party caused by the Vehicle coming into contact with anything above the top of the door seal and the top of the front and back windscreens.
22.8 Recovery Costs means, in relation to the loss of, or damage to, the Vehicle (i) any appraisal fees, (ii) any towing, storage and recovery costs, and (iii) an administrative fee reflecting the cost of making arrangements for repairs and towing and other administrative activities.
22.9 Roadside Assistance Cover means, subject to clause 8.4, the provision of the following services for the payment of the Roadside Assistance Cover Fee: [refuelling up to 6 litres where you run out of fuel; changing flat tyres; provision of spare keys where you lose the keys to the Vehicle; unlocking the Vehicle when you lock the keys in the Vehicle; and provision of a replacement battery or ‘jump start’ where you have a flat battery if you leave the lights, air conditioning, entertainment system(s) or other electrical equipment running while the ignition is off].
22.10 Roadside Assistance Fee means a minimum charge of $[X] (including GST), or such other amount as reasonably determined by us having regard to the roadside assistance callout event.
22.11 Underbody Damage means damage to the Vehicle caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars.
Planet 9 Logistics Pty. Ltd t/a Moderncar Car and Truck Rental ABN 28 163 250 904